1. Scope of Application
1.1. These Terms and Conditions apply to all contracts between the service provider (IGE Consulting GmbH, hereinafter referred to as the “PROVIDER”) and entrepreneurs (hereinafter referred to as the “CUSTOMER”). Consumer rights, such as the right of withdrawal in distance selling, do not apply.
1.2. By submitting an offer or accepting a service from the PROVIDER, the CUSTOMER acknowledges these GTC. Deviating terms and conditions of the CUSTOMER are only valid if expressly accepted in writing by the PROVIDER.
1.3. Unless otherwise agreed, the version of the GTC published on the PROVIDER’s website and valid at the time of the offer shall apply to repeat contracts. Changes to the GTC also apply to ongoing contracts, provided the CUSTOMER does not object.
1.4. The PROVIDER reserves the right to amend the GTC. Changes will be communicated to the CUSTOMER in writing or by email and will take effect unless objected to in writing within two weeks. In the event of an objection, the PROVIDER may terminate the contract with 14 days’ notice.
2. Conclusion of Contract
2.1. The presentation of services (e.g., on the website or in advertising materials) does not constitute a binding offer but an invitation to the CUSTOMER to submit an offer.
2.2. The contract is concluded when the PROVIDER accepts the CUSTOMER’s offer or when the CUSTOMER actively makes use of the PROVIDER’s services.
2.3. If several CUSTOMERS jointly enter into an agreement, services will be provided uniformly. Unless otherwise agreed, the PROVIDER decides how and to whom services are allocated. All participating CUSTOMERS are jointly and severally liable for payment obligations.
3. Scope of Services
3.1. The exact scope of services is defined in the individual agreement. Possible services include, among others:
Creation of media content (photos, videos, logos, etc.),
Conception and implementation of advertising campaigns,
Pre-qualification of applicants or customers.
3.2. The PROVIDER delivers services without a guarantee of success. No specific economic success or minimum number of results is assured.
3.3. The choice of technologies, tools, and methods is solely at the PROVIDER’s discretion.
3.4. If external platforms fail to provide services as expected (e.g., removal of content), the PROVIDER will endeavor to find an alternative solution.
3.5. The PROVIDER is entitled to use subcontractors or technologies (including AI) to deliver services.
3.6. If the CUSTOMER commissions the PROVIDER to place online advertisements on their behalf, the PROVIDER is authorized to enter into contracts with third parties (e.g., GTC, data processing agreements, license agreements) in the CUSTOMER’s name and on the CUSTOMER’s account. In such cases, a direct contractual relationship arises between the CUSTOMER and the third party. Claims under such contracts are to be settled exclusively between those parties. The PROVIDER will provide the CUSTOMER with copies of such contracts within one month (e.g., via email or access credentials). From that point, the CUSTOMER is solely responsible for managing these contracts. All advertising costs are borne by the CUSTOMER.
3.7. The CUSTOMER determines the advertising budget. The PROVIDER may provide recommendations, but the final decision lies with the CUSTOMER.
3.8. The CUSTOMER expressly authorizes the PROVIDER to use the following accounts, tools, or platforms in the CUSTOMER’s name and on the CUSTOMER’s account:
Google Account, Google Analytics, Google Ads, Google Tag Manager, YouTube
WordPress, WordPress Hosting, WordPress Themes and Plugins
ActiveCampaign, KLICK-TIPP, CleverReach, Mailchimp, 1Tool
Calendly, TYPEFORM
TikTok Account, TikTok Ads Manager, TikTok Profile
LinkedIn Account, LinkedIn Ads, LinkedIn Profile, LinkedIn Company Page
Meta Accounts, Meta Business Suite, Meta Business Manager, Meta Ads Manager, Facebook and Instagram profiles and pages
Microsoft Account, Microsoft Cloud, Microsoft 365, Microsoft Teams, Microsoft SharePoint, Microsoft Clarity
Onepage, Perspective, Webflow, Zapier, LeadTable, Leadinfo, close.com, Shopify, Maxmind, Wistia, CookieYes
Other equivalent or necessary tools and platforms
All media content created by the PROVIDER remains the PROVIDER’s intellectual property. Likewise, all accounts or tools created by the PROVIDER remain the PROVIDER’s property.
3.9. The CUSTOMER acknowledges that platforms (e.g., Facebook, LinkedIn, Instagram, Google, YouTube, TikTok) may change their terms or deactivate campaigns/accounts without justification. The PROVIDER has limited influence on this, and their right to remuneration remains unaffected.
3.10. The PROVIDER may use subcontractors or AI systems at their discretion.
3.11. The CUSTOMER shall not share any access data, passwords, materials, or links provided under the contract with third parties.
3.12. The CUSTOMER acknowledges the obligation to legally mark advertising contributions. The PROVIDER is only responsible for marking in its own publications. For third-party platforms, the PROVIDER assumes no liability.
4. Obligations of the CUSTOMER
4.1. The CUSTOMER shall provide all necessary information, documents, and access data in a timely and complete manner.
4.2. The CUSTOMER must ensure that provided content does not infringe third-party rights. In case of disputes, the CUSTOMER shall indemnify the PROVIDER.
4.3. Where necessary, the CUSTOMER shall provide access data to relevant platforms and continue administration independently.
5. Deadlines and Delays
5.1. The PROVIDER will adhere to agreed deadlines to the best of their ability. Unforeseen events or delays by third parties may result in adjustments.
5.2. Delays caused by the CUSTOMER’s failure to cooperate entitle the PROVIDER to adjust the schedule and remuneration accordingly.
6. Performance of the Contract
6.1. The PROVIDER generally begins providing services at their discretion from the date of contract conclusion, agreed start date, or receipt of initial payment, whichever occurs later. Unless otherwise agreed, the contract term and payment obligations start upon contract conclusion.
6.2. The CUSTOMER is solely responsible for all content (e.g., websites, webshops, blogs, reports). The CUSTOMER must ensure compliance with applicable laws (including copyright, competition law, trademark law, criminal law, youth protection, data protection, and professional regulations). The PROVIDER does not review content for legal compliance. Content created by the PROVIDER based on CUSTOMER input must be promptly reviewed by the CUSTOMER. Failure to notify errors makes the CUSTOMER liable. Editorial changes beyond error correction are chargeable at the PROVIDER’s current hourly rates, unless provided free of charge at the PROVIDER’s discretion.
6.3. Services may be provided digitally (e.g., via Zoom, Teams, Skype, TeamViewer, or similar).
6.4. The CUSTOMER is responsible for the technical requirements necessary to use the services and must actively assist in resolving technical issues.
6.5. The CUSTOMER must check legal compliance of the services mentioned under 3.6 and 4.3 before contract conclusion. If not legally compliant, the contract should not be concluded.
7. Intellectual Property
7.1. The CUSTOMER grants the PROVIDER a non-exclusive, transferable, royalty-free, worldwide, perpetual, and irrevocable right to use the content provided. This includes storing, reproducing, publishing, distributing, editing, and passing on content to media partners and using it for the PROVIDER’s own marketing. The CUSTOMER warrants that they hold all necessary rights and indemnifies the PROVIDER against third-party claims.
7.2. Unless otherwise agreed in writing, the CUSTOMER receives, after full payment, a simple right to embed reports published in the PROVIDER’s or its partners’ media into their own website via links or share them with third parties. Further rights of use require the PROVIDER’s written consent. All other rights remain with the PROVIDER, including rights to concepts and ideas developed during cooperation.
8. Contract Term and Termination
8.1. Projects such as the creation of websites or webshops are fixed contracts and are not subject to ordinary termination.
8.2. Unless otherwise agreed, the following applies:
Initial contract term is 12 months.
Ordinary termination before expiry is excluded.
The contract may be terminated up to 8 weeks before the end of the term (email sufficient); otherwise, it is automatically extended by the original term.
For contract renewals, fees are adjusted according to the percentage change in the Consumer Price Index (CPI) of the previous calendar year.
8.3. Both parties may terminate the contract for cause. Cause for the PROVIDER includes if the CUSTOMER:
is in default of payment despite reminder, or with at least two monthly payments,
fails to meet cooperation obligations despite a grace period,
objects to amended GTC.
8.4. If the PROVIDER terminates for cause or the CUSTOMER unlawfully terminates, the PROVIDER is entitled to full remuneration until the next regular contract end. No deduction for saved expenses will be made.
8.5. The CUSTOMER must prove receipt of termination notice by the PROVIDER.
9. Remuneration
9.1. Fees are based on the offer. All prices are exclusive of VAT. Payments are due immediately upon invoicing unless otherwise agreed. The PROVIDER is not obliged to begin work before payment is received.
9.2. Agreed setup fees are payable once per service item upon contract conclusion and are not charged again for renewals.
9.3. The obligation to pay continues even if the CUSTOMER suspends services temporarily, unless suspension is due to the PROVIDER’s fault.
9.4. The CUSTOMER must pay in advance within 7 days of invoicing.
9.5. The CUSTOMER may only set off or withhold payments if claims are legally established or undisputed.
10. Payment Methods
10.1. Payments may be made by direct debit, bank transfer, or prepayment.
10.2. At the PROVIDER’s request, the CUSTOMER shall grant SEPA direct debit authorization within 7 days of contract conclusion. The PROVIDER assumes no liability for bank charges (e.g., overdraft fees).
10.3. In case of payment default, the PROVIDER charges default interest of 9.2 percentage points above the base rate and compound interest of 4% per year. Additionally, the CUSTOMER must pay a flat fee of €40 per collection.
11. Liability
11.1. The PROVIDER is fully liable for damages caused intentionally or through gross negligence, as well as under product liability law.
11.2. Liability for lost profits, unrealized savings, indirect, or consequential damages is excluded.
11.3. The CUSTOMER must prove intent or gross negligence and assert claims within one year after performance. After this period, claims are excluded.
12. Data Protection
12.1. The PROVIDER collects, processes, and uses personal data of the CUSTOMER for contractual purposes. A data processing agreement is included in the annex to these GTC.
12.2. During the contract, the PROVIDER may share data necessary for commission settlement with intermediaries.
12.3. If the CUSTOMER acts on behalf of or concludes contracts for third parties, they must ensure proper authorization, including consent to necessary data processing agreements.
13. Reference and Recommendation Use
13.1. The PROVIDER and its affiliates may name the CUSTOMER as a reference for marketing purposes. This includes the use of trademarks, logos, testimonials, project excerpts, screenshots, media reports, and other relevant content, as well as image, audio, and video material, including SEO reports. This applies even after termination of the contract.
13.2. If the CUSTOMER recommends third parties as potential clients, they must ensure consent to contact by the PROVIDER. Should legal action arise from such contact, the CUSTOMER indemnifies the PROVIDER from all claims and costs, including legal fees.
14. Final Provisions
14.1. The competent court in Graz, Austria, shall have exclusive jurisdiction for all disputes arising from or in connection with this contract.
14.2. Austrian substantive law applies, excluding conflict of law rules and the UN Sales Convention.
14.3. Should any provision of these GTC be invalid, the remaining provisions remain unaffected. The invalid provision shall be replaced by a valid one closest to the intended economic purpose. This also applies to contractual gaps.